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Article: Property Rights Arrangement in Emerging Natural Resources: A Case Study of China's Nationalization of Wind and Sunlight

TitleProperty Rights Arrangement in Emerging Natural Resources: A Case Study of China's Nationalization of Wind and Sunlight
Authors
KeywordsProperty Rights
Emerging Natural Resources
China
Wind
Solar
Climate Resources
State-ownership
Issue Date2013
PublisherColumbia University, School of Law. The Journal's web site is located at http://www.columbia.edu/cu/asiaweb/
Citation
Columbia Journal of Asian Law, 2013, v. 27, p. 81-127 How to Cite?
AbstractThe passage of the Heilongjiang Province Regulation on Climate Resources Survey and Protection (the 'Regulation') that regulates wind and solar energy generation sparked a public furor because it contains a provision that stipulates, “climate resources are owned by the state.” As a case study of this regulatory attempt to manage emerging natural resources, this Article makes the following three arguments. First, the “nationalization” provision in the Regulation is legally compatible with Chinese law that conceives of public property as state-owned property and not as property that requires public access. Second, a clear designation of the state as the manager of resources on behalf of the otherwise amorphous notion of the public is preferable to the 'tragedy of the commons' that might arise from the free public access to such natural resources that is advocated by certain Chinese scholars. Third, this controversy is largely irrelevant because the state is always able to address redistribution and externality concerns related to resource use through taxation and various regulatory powers, regardless of whether natural resources are publicly or privately owned. On a broader note, this Article cautions against the pitfall of instinctively rejecting all state intervention – even when there is legitimate distrust regarding state governance – and highlights how the issue of governance remains central regardless of the property rights arrangement for emerging natural resources.
Persistent Identifierhttp://hdl.handle.net/10722/196790
ISSN
SSRN

 

DC FieldValueLanguage
dc.contributor.authorChen, Jen_US
dc.contributor.authorCui, Jen_US
dc.date.accessioned2014-04-29T03:40:55Z-
dc.date.available2014-04-29T03:40:55Z-
dc.date.issued2013-
dc.identifier.citationColumbia Journal of Asian Law, 2013, v. 27, p. 81-127en_US
dc.identifier.issn1094-8449-
dc.identifier.urihttp://hdl.handle.net/10722/196790-
dc.description.abstractThe passage of the Heilongjiang Province Regulation on Climate Resources Survey and Protection (the 'Regulation') that regulates wind and solar energy generation sparked a public furor because it contains a provision that stipulates, “climate resources are owned by the state.” As a case study of this regulatory attempt to manage emerging natural resources, this Article makes the following three arguments. First, the “nationalization” provision in the Regulation is legally compatible with Chinese law that conceives of public property as state-owned property and not as property that requires public access. Second, a clear designation of the state as the manager of resources on behalf of the otherwise amorphous notion of the public is preferable to the 'tragedy of the commons' that might arise from the free public access to such natural resources that is advocated by certain Chinese scholars. Third, this controversy is largely irrelevant because the state is always able to address redistribution and externality concerns related to resource use through taxation and various regulatory powers, regardless of whether natural resources are publicly or privately owned. On a broader note, this Article cautions against the pitfall of instinctively rejecting all state intervention – even when there is legitimate distrust regarding state governance – and highlights how the issue of governance remains central regardless of the property rights arrangement for emerging natural resources.en_US
dc.languageengen_US
dc.publisherColumbia University, School of Law. The Journal's web site is located at http://www.columbia.edu/cu/asiaweb/-
dc.relation.ispartofColumbia Journal of Asian Lawen_US
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.subjectProperty Rights-
dc.subjectEmerging Natural Resources-
dc.subjectChina-
dc.subjectWind-
dc.subjectSolar-
dc.subjectClimate Resources-
dc.subjectState-ownership-
dc.titleProperty Rights Arrangement in Emerging Natural Resources: A Case Study of China's Nationalization of Wind and Sunlighten_US
dc.typeArticleen_US
dc.identifier.emailChen, J: jianlin@hku.hken_US
dc.identifier.authorityChen, J=rp01530en_US
dc.description.naturepostprint-
dc.identifier.hkuros228723en_US
dc.identifier.volume27-
dc.identifier.spage81-
dc.identifier.epage127-
dc.publisher.placeUnited States-
dc.identifier.ssrn2459867-

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